…Cour de droit civil, 4A_46/2011, 29 ASA Bull. 6443, 651 et seq. (2011); Link-Trading joint stock company v. Department for Customs Control of Republic of Moldova, UNCITRAL, award on jurisdiction…
…Unruh v Hans-Joerg Seeberger [2007] HKCU 246 expressly left open this question. Importantly, however, the Ministry of Law (the “Ministry”) in Singapore and the Law Reform Commission of Hong Kong…
…however, that further improvement is now desirable. The next reform step for New Zealand arbitration law may accordingly be to consider whether the limited appeal mechanism can be made more…
…three-month period only commences once the state court rendered a final decision in the review proceedings. As Germany’s arbitration law is based on the UNCITRAL Model Law, this recent turn-around…
…filed amicus-curiae briefs. In Achmea B.V. v. The Slovak Republic, UNCITRAL PCA Case No. 2008-13 (formerly Eureko B.V. v. The Slovak Republic), the European Commission submitted written submissions describing intra-EU…
…v Laos”). In a carefully reasoned decision, Singapore’s apex court reversed a decision of the Singapore High Court, which had previously held that an UNCITRAL tribunal seated in Singapore had…
…Report of UNCITRAL 18th Session (Vienna, June 198, A/40/17) at para 163. ↑5 See the Singapore Academy of Law’s Law Reform Committee’s Report on the Right to Judicial Review of…
…and its accompanying UNCITRAL Transparency Rules. Chapter Nine of the TPP reflects these modernizations of the ISDS system. It includes provisions for greater transparency of proceedings and documents, and for…
If James Bond practiced law, it would be international arbitration. Don’t believe me? Just consider how many international arbitration cases could be great plots for a James Bond movie. Take,…
…institutions could, and should, eventually become proactive and reform the scope of their liability from the bottom, by means of the changes to arbitration rules under which civil liability should…
…basis for scrutiny by an appellate court. For the same reasons arbitrating parties typically expect reasons. The UNCITRAL Model Law and Arbitration Rules both provide that awards shall state the…
…other related dispute resolution conferences, registering with the ICC National Committees of which they are nationals, being active in working groups such as ArbitralWomen, IBA, ICC, UNCITRAL, publishing, speaking, arbitrating…
…2005 are modelled on the 1976 UNCITRAL Rules, with certain modifications to enable such arbitrations to be administered by an institution. Consistent with the UNCITRAL Rules, the TRAC Rules emphasize…
1 September 2016 marks the key date in the long-awaited Russian arbitration law reform, publicly announced by the President of the Russian Federation already in 2013. Since then, the Russian…
…Case No ARB/03/9), Azurix Corp. (ICSID Case No ARB/01/12), National Grid (UNCITRAL), and Compañía de Aguas del Aconquija SA and Vivendi Universal SA (ICSID Case No ARB/97/3), mainly related to…
…Group II of the United Nations Commission on International Trade Law (‘UNCITRAL’) continued its efforts to prepare an instrument on enforcement of mediated settlement agreements this September in Vienna; by…
…(2014), and the UNCITRAL Conciliation Rules (1980). With the exception of the IBA Rules, the ECT Guide differs to existing sets of rules insofar as it focusses specifically upon investor‑State…
…of equal treatment and procedural fairness imposed by the UNCITRAL Rules. It held that Methanex had violated this standard and had offended basic principles of justice and fairness. In Libananco…
…ICSID and UNCITRAL tribunals on many high value arbitrations, Noury is a formidable player in international arbitration. But she is but one example. The YAF panel, composed of other strong…
On 7 July 2016, the UNCITRAL Commission adopted a revised and updated version of the UNCITRAL Notes on Organizing Arbitral Proceedings. The 2016 Notes replace a 1996 edition, and aim…
…prior to the reform of the French arbitration law operated by Décret n° 2011-48 du 13 janvier 2011, a motion to revise an award (which is possible in very specific…
…the arbitration, “except to the extent such limitation of liability is permitted by applicable law.” Article 16 of the UNCITRAL Arbitration Rules provides that the parties “save for intentional wrongdoing,…
…into an agreement, according to which the concessionary had been granted a tunnel construction concession. The contract contained an arbitration clause providing for ad hoc arbitration under the UNCITRAL Arbitration…
…a hot topic in Hong Kong. The draft Guidelines come in the wake of recent initiatives to clarify the law on TPF in the territory, including a Law Reform Commission…
